This case was last updated from PACER on 08/03/2021 at 08:02:11 (UTC).

Parus Holdings Inc. v. Microsoft Corporation

Case Summary

On June 4, 2021, Parus Holdings Inc. (“Parus” or “Plaintiff”), represented by Andrea L. Fair, Charles Everingham, IV, Claire Abernathy Henry and T. John Ward, Jr. of Ward Smith & Hill, PLLC and Michael J. McNamara, Michael Renaud of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo P.C., filed an intellectual property lawsuit against Microsoft Corporation (“Microsoft” or “Defendant”), seeking declaratory relief and damages, along with interest and costs, for the alleged infringement of U.S. Patent No. 6,721,705 (“the ’705 Patent”) related to “robust and highly reliable” systems for users to search the internet using voice-enabled devices, owned by the Plaintiff. This case was filed in the U.S. District Court for the Western District of Texas with Judge Alan D. Albright presiding. 

 

In its complaint, the Plaintiff alleged that “Upon information and belief, Microsoft has infringed and continues to infringe, directly and indirectly, one or more claims of the Asserted Patent, as shown below, acting through the Microsoft Surface, Windows 10 Operating System, and Windows 10 Mobile Operating System (collectively, “the Microsoft Accused Products”). On information and belief, Microsoft has released different versions of the Microsoft Surface, Microsoft Windows 10, and Microsoft Windows 10 Mobile, but on information and belief, each of these products have been infringed through use of Cortana at least since Cortana’s release in 2015.”

 

The Plaintiff further alleged that “Defendant Microsoft has directly infringed, and is continuing to directly infringe, literally or under the doctrine of equivalents, at least independent claim 2 of Parus’s ’705 Patent by making, using, selling, and/or offering for sale the Microsoft Accused Products, including at least the Microsoft Surface, Windows 10, and Windows 10 Mobile in violation of 35 U.S.C. § 271(a).”

 

The Plaintiff further alleged that “Microsoft has also infringed, and continues to infringe, claims of the ’705 Patent by offering to commercially distribute, commercially distributing, making and/or importing the Microsoft Accused Products, which are used in practicing the process, or using the systems, of the ’705 Patent, and constitute a material part of the invention.”

 

The only claim for relief laid down by the Plaintiff is for the alleged infringement of ’705 Patent, wherein the Plaintiff claimed that, on information and belief, Microsoft actively induces infringement of one or more claims of the ’705 Patent as of 2009, and no later than the receipt of the June 3, 2021 letter from Parus or the filing date of this Complaint, and will continue to actively induce infringement, by actively encouraging and instructing and continuing to actively encourage and instruct its customers and users to perform, the claims of the ’705 Patent through use of the Microsoft Accused Products. 

 

In its prayer for relief, the Plaintiff requested the Court to adjudicate that Microsoft has directly infringed one or more claims of the ’705 Patent; Microsoft has induced infringement and/or contributorily infringed, and continues to induce infringement and/or contributorily infringe, one or more claims of the ’705 Patent; Order Microsoft to account for and pay damages caused to Parus by Microsoft’s infringement; Award Parus increased damages and attorney fees pursuant to 35 U.S.C. §§ 284 and 285 and the interest and costs incurred in this action.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:21-CV-00570

  • Filing Date:

    06/04/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Alan D Albright

 

Party Details

Plaintiff

Parus Holdings Inc.

Defendant

Microsoft Corporation

Attorney/Law Firm Details

Plaintiff Attorneys

Claire Abernathy Henry

Attorney at Ward Smith & Hill, PLLC

1507 Bill Owens Pkwy

Longview, TX 75604

Andrea L. Fair

Attorney at Ward, Smith & Hill, PLLC

Po Box 1231

Longview, TX 75606

Charles Everingham, IV

Attorney at Ward, Smith & Hill, PLLC

1507 Bill Owens Parkway

Longview, TX 75604

T. John Ward, Jr.

Attorney at Ward Smith & Hill, PLLC

P.O. Box 1231

Longview, TX 75606

Michael Renaud

Attorney at Mintz Levin Cohn Ferris Glovsky & Popeo P.C.

One Financial Center

Boston, MA 02111

Michael J. McNamara

Attorney at Mintz, Levin, Cohn, Ferris, Glovsky and Popeo P.C.

One Financial Center

Boston, MA 02111

Sean M. Casey

Attorney at Mintz, Levin, Cohn, Ferris, Glovsky and Popeo PC

One Financial Center

Boston, MA 02111

Defendant Attorneys

Brianna L. Silverstein

Attorney at Faegre Drinker Biddle & Reath LI,P

1500 K Street Nw, Suite 1100

Washington, DC 20005

Kirsten L. Elfstrand

Attorney at Faegre Drinker Biddle & Reath LLP

90 South 7Th Street, Suite 2200

Minneapolis, MN 55402

Kirstin L. Stoll-Debell

Attorney at Faegre Drinker Biddle & Reath LLP

1144 15Th Street, Suite 3400

Denver, CO 80202

Barry K. Shelton

Attorney at Shelton Coburn LLP

311 Rr 620 S, Suite 205

Austin, TX 78734-4775

 

Court Documents

#17

(#17) MOTION to Appear Pro Hac Vice by Barry K. Shelton for Kirsten L. Elfstrand ( Filing fee $ 100 receipt number 0542-14997520) by on behalf of Microsoft Corporation. (Shelton, Barry) (Entered: 07/09/2021)

16 #1

Appendix A

#16

(#16) MOTION to Appear Pro Hac Vice by Barry K. Shelton for Brianna L. Silverstein ( Filing fee $ 100 receipt number 0542-14997505) by on behalf of Microsoft Corporation. (Attachments: #1 Appendix A)(Shelton, Barry) (Entered: 07/09/2021)

15 #1

Appendix A

#15

(#15) MOTION to Appear Pro Hac Vice by Barry K. Shelton for Kirstin L. Stoll-DeBell ( Filing fee $ 100 receipt number 0542-14997479) by on behalf of Microsoft Corporation. (Attachments: #1 Appendix A)(Shelton, Barry) (Entered: 07/09/2021)

14 #1

Proposed Order

#14

(#14) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Microsoft Corporation. (Attachments: #1 Proposed Order)(Shelton, Barry) (Entered: 06/23/2021)

#13

(#13) NOTICE of Attorney Appearance by Barry K. Shelton on behalf of Microsoft Corporation. Attorney Barry K. Shelton added to party Microsoft Corporation(pty:dft) (Shelton, Barry) (Entered: 06/23/2021)

#9

Text Order GRANTING #9 Motion to Appear Pro Hac Vice entered by Judge Alan D Albright. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order entered by Judge Alan D Albright.(This is a text-only entry generated by the court. There is no document associated with this entry.) (ep4) (Entered: 06/17/2021)

#7

(#7) Summons Issued as to Microsoft Corporation. (bw) (Entered: 06/04/2021)

#6

(#6) REQUEST FOR ISSUANCE OF SUMMONS by Parus Holdings Inc.. for Microsoft Corporation (Fair, Andrea) (Entered: 06/04/2021)

#5

(#5) RULE 7 DISCLOSURE STATEMENT filed by Parus Holdings Inc.. (Fair, Andrea) (Entered: 06/04/2021)

#4

(#4) DEMAND for Trial by Jury by Parus Holdings Inc.. (Fair, Andrea) (Entered: 06/04/2021)

#3

(#3) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Fair, Andrea) (Entered: 06/04/2021)

#2

(#2) DEMAND for Trial by Jury by Parus Holdings Inc.. (Fair, Andrea) (Entered: 06/04/2021)

1 #2

Civil Cover Sheet

1 #1

Exhibit 1 - Us Patent No. 6,721,705

#1

(#14) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Microsoft Corporation. (Attachments: #1 Proposed Order)(Shelton, Barry) (Entered: 06/23/2021)

16 More Documents Available
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Docket Entries

  • 07/12/2021
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  • DocketText Order GRANTING #15 , #16 , and #17 Motions to Appear Pro Hac Vice. Before the Court are the Motions for Admission Pro Hac Vice. The Court, having reviewed the Motions, finds they should be GRANTED and therefore orders as follows: IT IS ORDERED the Motions for Admission Pro Hac Vice are GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ep4) (Entered: 07/12/2021)

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  • 07/09/2021
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  • Docket(#17) MOTION to Appear Pro Hac Vice by Barry K. Shelton for Kirsten L. Elfstrand ( Filing fee $ 100 receipt number 0542-14997520) by on behalf of Microsoft Corporation. (Shelton, Barry) (Entered: 07/09/2021)

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  • 07/09/2021
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  • Docket(#16) MOTION to Appear Pro Hac Vice by Barry K. Shelton for Brianna L. Silverstein ( Filing fee $ 100 receipt number 0542-14997505) by on behalf of Microsoft Corporation. (Attachments: #1 Appendix A)(Shelton, Barry) (Entered: 07/09/2021)

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  • 07/09/2021
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  • Docket(#15) MOTION to Appear Pro Hac Vice by Barry K. Shelton for Kirstin L. Stoll-DeBell ( Filing fee $ 100 receipt number 0542-14997479) by on behalf of Microsoft Corporation. (Attachments: #1 Appendix A)(Shelton, Barry) (Entered: 07/09/2021)

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  • 06/25/2021
  • DocketReset Deadlines: Microsoft Corporation answer due 8/12/2021. (ls) (Entered: 06/25/2021)

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  • 06/25/2021
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  • DocketText Order GRANTING #14 Motion for Extension of Time to Answer entered by Judge Alan D Albright.This Court, having considered Defendants Unopposed Motion for Extension of Time toFile Answer (the Motion), hereby GRANTS the Motion and ORDERS the following:Defendants deadline to answer or otherwise respond to the Complaint is extended toAugust 12, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ep4) (Entered: 06/25/2021)

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  • 06/23/2021
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  • Docket(#14) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Microsoft Corporation. (Attachments: #1 Proposed Order)(Shelton, Barry) (Entered: 06/23/2021)

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  • 06/23/2021
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  • Docket(#13) NOTICE of Attorney Appearance by Barry K. Shelton on behalf of Microsoft Corporation. Attorney Barry K. Shelton added to party Microsoft Corporation(pty:dft) (Shelton, Barry) (Entered: 06/23/2021)

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  • 06/17/2021
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  • DocketText Order GRANTING #9 Motion to Appear Pro Hac Vice entered by Judge Alan D Albright. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order entered by Judge Alan D Albright.(This is a text-only entry generated by the court. There is no document associated with this entry.) (ep4) (Entered: 06/17/2021)

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  • 06/16/2021
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  • Docket(#12) Standing Order regarding Scheduling Order. Signed by Judge Alan D Albright. (Entered: 06/17/2021)

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3 More Docket Entries
  • 06/08/2021
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  • Docket(#8) SUMMONS Returned Executed by Parus Holdings Inc.. Microsoft Corporation served on 6/7/2021, answer due 6/28/2021. (Fair, Andrea) (Entered: 06/08/2021)

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  • 06/04/2021
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  • Docket(#7) Summons Issued as to Microsoft Corporation. (bw) (Entered: 06/04/2021)

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  • 06/04/2021
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  • Docket(#6) REQUEST FOR ISSUANCE OF SUMMONS by Parus Holdings Inc.. for Microsoft Corporation (Fair, Andrea) (Entered: 06/04/2021)

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  • 06/04/2021
  • DocketAll parties shall flatten all documents before e-filing. All parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/ (Entered: 06/04/2021)

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  • 06/04/2021
  • DocketCase assigned to Judge Alan D Albright. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (bw) (Entered: 06/04/2021)

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  • 06/04/2021
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  • Docket(#5) RULE 7 DISCLOSURE STATEMENT filed by Parus Holdings Inc.. (Fair, Andrea) (Entered: 06/04/2021)

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  • 06/04/2021
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  • Docket(#4) DEMAND for Trial by Jury by Parus Holdings Inc.. (Fair, Andrea) (Entered: 06/04/2021)

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  • 06/04/2021
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  • Docket(#3) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Fair, Andrea) (Entered: 06/04/2021)

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  • 06/04/2021
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  • Docket(#2) DEMAND for Trial by Jury by Parus Holdings Inc.. (Fair, Andrea) (Entered: 06/04/2021)

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  • 06/04/2021
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  • Docket(#1) COMPLAINT ( Filing fee $ 402 receipt number 0542-14879148), filed by Parus Holdings Inc.. (Attachments: #1 Exhibit 1 - Us Patent No. 6,721,705, #2 Civil Cover Sheet)(Fair, Andrea) (Entered: 06/04/2021)

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